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(영문) 서울서부지방법원 2020.06.01 2020노399
업무상횡령등
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. In the trial of the case, the prosecutor ex officio in accordance with the Amendments to Bill of Indictment filed an application for the amendment of Bill of Indictment with the following "written charges" while maintaining the name of the crime and applicable provisions of the Act as to the facts charged in this case. Since this court permitted the amendment, the judgment of the court below can no longer be maintained.

In the revised indictment, the part of “15” among the facts charged in the crime of occupational embezzlement in paragraph (1), paragraph (4), 5, 5, 5, and 6, shall be changed to “14, respectively,” and the part of “19,941,900 won” among the facts charged in the crime of violation of the Resident Registration Act in paragraph (6) shall be changed to “18,384,300 won,” and the part of “19,941,900 won” in paragraph (1) shall be changed to “18,384,300 won,” and the part of “19,384,300 won” shall be changed to “18,300 won.”

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【Discrimined Judgment] The criminal facts and summary of the evidence acknowledged by the court and the summary of the facts charged by the court are identical to the facts charged by the court below, and the part of the facts charged by the court below as stated in the revised facts charged, and the summary of the evidence is the same as stated in each corresponding column except for adding “the Defendant’s oral statement at the trial” to the summary of the evidence. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act (including the occupation of occupational embezzlement and the occupation of fraud), Article 347(1) of each Criminal Act (the occupation of fraud), Articles 365 and 355(2) and (1) of the Criminal Act (including the occupation of occupational breach of trust), Article 232-2 of each Criminal Act;

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